1 HON. MARK C. DILLON 77 Beach Road, Poughquag, New York (845) (hm) (914) (wk) (212) (fax) EDUCATION COLGATE UNIVERSITY, HAMILTON, NEW YORK (B.A., 1981) FORDHAM LAW SCHOOL, NEW YORK, NEW YORK (J.D., 1984) UNIVERSITY OF SALZBURG, SALZBURG, AUSTRIA (DIPL. INT L. LAW, 1985) NEW YORK UNIVERSITY, NEW YORK, NEW YORK (M.A., 1990) EMPLOYMENT EXPERIENCES ASSOCIATE JUSTICE OF THE APPELLATE DIVISION OF THE SUPREM E COURT, SECOND JUDICIAL DEPARTMENT, appointed by Gov. Pataki on August 25, Responsible for appellate review of final Judgments and Orders of Superior Courts within the judicial department. Appointment expires December 31, JUSTICE OF THE SUPREME COURT, NINTH JUDICIAL DISTRICT, elected November 2, 1999, and responsible for a broad-based civil IAS calendar of negligence, commercial, contractual, municipal, property and matrimonial litigations of unlimited general jurisdiction including preliminary, compliance and pre-trial conferences, motions, jury and non-jury trials (2000, 2002, 2003 and 2005) and for a pure matrimonial calendar (2001 and 2004). Term in office expires December 31, ADJUNCT PROFESSOR OF NEW YORK PRACTICE, Fordham Law School, New York, New York ( academic year-present), covering all aspects of state civil procedure. Voted by the school s student body as Adjunct Professor of the Year for PARTNER, DILLON & SARCONE, L.L.P., White Plains, New York, handling all aspects of insurance carrier-related personal injury defense litigations in state and federal courts, civil appeals, jury and non-jury trials, municipal law as Deputy Town Attorney for the Town of Yorktown, contract negotiations, construction and lien law (1/1/98-12/31/99). JUDGE OF THE WESTCHESTER COUNTY COURT appointed by Governor Pataki on May 9, 1997 and confirmed unanimously by the New York State Senate on May 28, Responsible for presiding over all aspects of felony criminal cases including Grand Jury issues, warrants, arraignments, bail, motions, conferences, pre-trial hearings, pleas, jury and non-jury trials, and sentences; civil action with values of $50,000 or less; and many Article 78 proceedings as an Acting Justice of the Supreme Court (6/4/97-12/31/97). TRIAL ATTORNEY, CERUSSI & SPRING, White Plains, New York, an AV -rated law firm of approximately 20 attorneys. The firm acts as national counsel to IBM in repetitive stress keyboard litigation and also represented Macy s, Westinghouse, Nestle, Chrysler, The County of Putnam and Siemens, among others. Responsible for all aspects of carrierrelated negligence, products liability, municipal, mass tort and commercial litigations in state and federal courts including client contact, pleadings, discovery, motions, appeals, court conferences and jury and non-jury trials (1/1/88-6/4/97). TOWN JUSTICE, TOWN OF YORKTOWN, presided over 20,000 criminal, civil, traffic, landlord/tenant and town code matters for the local court including issuing warrants, conducting arraignments, setting bail, rendering decisions on motions, conducting conferences, accepting and rejecting pleas, imposing sentences, and presiding over preliminary hearings, jury and non-jury trials (1/1/88-6/4/97). ASSISTANT DISTRICT ATTORNEY OF WESTCHESTER COUNTY responsible for arguing criminal jury and non-jury trials and hearings; Grand Jury presentations resulting in Indictments filed with the Westchester County Court; motions and appellate briefs including all necessary legal research, preparation and oral argument; and 1,600 separate prosecutions while assigned to local courts (3/85-12/31/87).
2 MARK CHRISTOPHER DILLON PAGE 2 STATE AND FEDERAL BAR ADMISSIONS New York State, Connecticut, Massachusetts and the District of Columbia United States District Courts for the Southern, Eastern and Western Districts of New York, the District of Connecticut and the District of Massachusetts United States Courts of Appeals for the First and Second Circuits United States Tax Court United States Claims Court United States Supreme Court LIST OF PUBLISHED ARTICLES The Extrapolation of Defendants Liabilities Under CPLR Article 16 Where the Plaintiff Is Contributorily Negligent: An Update Toward Resolving A Perceived Ambiguity of CPLR 1601, 73 Albany L.R. (publication anticipated December 2009). The Legalities of Leap Day, New York Law Journal, February 29, 2008, p. 4, col. 3. No More Specific Ad Damnums, New York Law Journal, October 22, 2007, p.4 (explanation and insight on amendment to Court of Claims Act Section 11[b] changing ad damnum pleading requirements). The CPLR s Most Dangerous Discovery Statute, New York Law Journal, March 28, 2003, p. 4, col. 4 (Vol. 229). Article summarizing the procedures and pitfalls of Notices to Admit under CPLR Requiring Witnesses to Answer at Deposition, New York Law Journal, October 22, 2001, p. 1, col. 1 (Vol. 226, No. 78). Article regarding the five limited categories of circumstances when deposition witnesses may validly refuse to answer deposition questions. Obtaining Out-Of-State Witnesses and Documents for Discovery And Trial, 28 Westchester Bar Journal (Spring 2001). Article regarding the Commission procedure available under CPLR Rule 3108 for obtaining out-of-state material or witnesses over whom a New York Court has no power of subpoena. Judge s Corner, 24 Westchester Bar Association Newsletter, p. 2 (October 2000). Article regarding verdict values in Rockland County. Serious Injury Test Does Not Travel Well, New York Law Journal, October , p. 1, col. 1 (Vol. 224, No. 73). Article regarding the implications of the non-extraterritorial effect of the New York No Fault serious injury threshold codified by Insurance Law Sections 5102 and 5104, and the law that must be applied in lieu of the threshold when automobile accidents between New York parties occur out-of-state. Five Tips for the Civil Practitioner in Handling Choice of Law Issues, 22 Westchester Bar Journal, Winter, 1995, p. 15. Advices for the civil bar in identifying, pleading and litigating choice-of-law issues. CPL Section Should be Amended to Accommodate Town, Village Courts, New York Law Journal, September 30, 1988, p.1. The Forgotten Checks and Balances, 14 Westchester Bar Journal, Spring, 1987, p The Case for Reversing the Rogers Rule on the Right to Counsel, 58 New York State Bar Journal, July, 1986, p. 36.
3 MARK CHRISTOPHER DILLON PAGE 3 Felony Murder Rule Holds Criminals Responsible for Crimes, The New York Times, September 7, 1985, p. 22 Researched and drafted three chapters to the Art of Advocacy: Settlement, a civil law book by Henry G. Miller, Esq. (Matthew Bender, 1983). The three chapters deal with indemnity and contribution rights against released civil tortfeasors; the periodic payment of civil judgments; and Mary Carter agreements. Author of The Power and the Proud, a 220 page novel (Colgate University Printing, 1981). LAW-RELATED RATINGS AND QUALIFICATIONS RATED AV by peers in the Martindale-Hubbell law directory while a practicing attorney. RATED HIGHLY QUALIFIED for Superior Court by the Temporary New York State Judicial Screening Committee, 1997 RATED WELL QUALIFIED for County Court and Supreme Court by the Westchester County Women s Bar Association in 1997 and 1999 and by the Dutchess County Bar Association for Supreme Court in 1999; QUALIFIED for County Court and Supreme Court by the Westchester County Bar Association in 1997 and 1999; QUALIFIED for Supreme Court in 1999 by the Mid-Hudson Women s Bar Association, the Rockland Bar Association, the Women s Bar Association of Orange and Sullivan Counties, and the Rockland County Women s Bar Association MEMBER, Appointments Panel under Part 36 of the Rules of the Chief Judge for designations as Receiver, Referee, Court Evaluator, Guardian, and Guardian Ad Litem ( ) QUALIFIED, Westchester A-1 Capital Crimes, Felony and Appellate Panels ( ) LAW-RELATED ACTIVITIES AND MEMBERSHIPS TEACHER, All Statewide Trial Judges, NYS Annual Judicial Training Seminar, CPLR Practice and Procedure Update, 7/23/09, 7/30/09 and 8/6/09. CLE, Appellate Practice, Dutchess County Bar Association, February 24, 2009 CLE, Appellate Practice, Wilson, Elser, Moskowitz, Edelman and Dicker, October 22, 2008 CLE, Appellate Practice, Rockland County Bar Association, September 10, 2008 CLE, The Law of Medical Malpractice, Dutchess County Bar Association, April 10, 2008 CLE on Appellate Practice for the NYS Academy of Trial Lawyers and the Brooklyn Bar Association, Appeals in the Second Department, December 18, 2007 in Brooklyn CLE on Appellate Practice for New York State Bar Association, Appeals in the Second Department, November 2, 2007 in Tarrytown CLE on Appellate Advocacy for Westchester Bar Association, Taking an Appeal: A View From the Bench, October 9, 2007 in White Plains TEACHER, Criminal Law CLE for the Office of the Westchester County District Attorney, June 21, 2006 GUEST LECTURER, Matrimonial Class at Pace University School of Law, Summer and Fall 2006 TEACHER, Matrimonial Law CLE for Family Law Section of the Westchester County Bar Association, May 16, 2006 TEACHER, Westchester Bar Association CLE Program on the Intersection of Bankruptcy and Matrimonial Law, 3/3/05 COMMITTEE CHAIR, Judges and Lawyers for Family Justice ( )
4 MARK CHRISTOPHER DILLON PAGE 4 TEACHER, NYS Bar Association CLE Program on Advanced Evidence for the Matrimonial Lawyer, 5/14/04 TEACHER, NYS Bar Association CLE Program on the presentation of expert witness testimony at trial, 4/03 TEACHER, Dutchess County Bar Association CLE Program in mid-2002, on the mandatory periodic payment of certain Judgments TEACHER, NEW YORK STATE CONTINUING JUDICIAL EDUCATION PROGRAM, providing instruction to town and village judges of the Ninth Judicial District on selected aspects of procedural and substantive law (in both 10/94 and 5/01) CAPTAIN, New York Guard Judge Advocate General Corps. ( ) FIRST LIEUTENANT, U.S. Army Reserve Judge Advocate General Corps. ( ) (Honorable Discharge) MEMBER, New York State Magistrates Associations (1988-present) CHAIRMAN, Westchester County Bar Association Law Day Committee ( ) MEMBER, New York State Bar Association, many years DIRECTOR, Yorktown Bar Association ( ) and member many years since 1986 DIRECTOR, Fordham Law Alumni Association Westchester-Putnam Chapter (2001-present) CIVIC ACTIVITIES AND MEMBERSHIPS CO-CHAIR, Westchester County Council on Domestic Violence (July 1996-December 31, 1997) PRESIDENT, Yorktown Area Jaycees ( ) and Chairman of Board ( ) LECTOR, St. Patrick s Church ( ) MIDNIGHT RUNS to the streets of Manhattan, delivering food and clothing to the needy MEMBER, The Friendly Sons of St. Patrick (1996-present) MEMBER, the Irish-American Social Club of Westchester-Putnam ( ) MEMBER, Elks Lodge #2324 ( ) MEMBER, National Eagle Scout Association, The Westchester-Putnam Council of the Boy Scouts of America and merit badge counselor PROFESSIONAL REFERENCE Hon. A. Gail Prudenti Presiding Justice of the Appellate Division, Second Judicial Department 45 Monroe Place Brooklyn, New York (718) Michael A. Cerussi, Esq. Cerussi & Spring One North Lexington Avenue White Plains, New York (914)
5 MARK CHRISTOPHER DILLON PAGE 5 PERSONAL John J. Basso, Esq. Basso & Associates 301 Manchester Avenue Poughkeepsie, NY (845) Married to Michele F. Dillon with three daughters and one son, Maura (age 15), Monica (age 12), Meghan (age 11) and Matthew (age 9) D.O.B.: December 22, 1959 Health: Excellent A writing sample and further references are available upon request.